HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 8499 of 2026 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. 1. Heard Sri Rupendra Kumar Mishra, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State and perused the material on record. 2. The present application under Section 528 of BNSS has been filed to quash the entire proceedings of Criminal Case No. 11304 of 2025 (State versus Dinesh and Others) arising out of Case Crime No. 450 of 2025 under Sections 333, 191(2), 191(3), 115(2), 352, 351(3), 117(2) of B.N.S. Police Station-Katghar, District-Moradabad as well as cognizance/summoning order dated 20.11.2025 pending before the court of learned Chief Judicial Magistrate-Moradabad. 3. Learned counsel for the applicants submits that applicants were not arrested during the course of investigation and the charge-sheet has been submitted against them. It is further submitted that the offences are punishable up to 7 years imprisonment. 4. Upon considering the facts and circumstances of the case, the prayer made by learned counsel for the applicants is, hereby, refused. 5. After some arguments, learned counsel for the applicants wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction. 6. In case bail application is filed by the learned counsel for the applicants, the same shall be decided in the light of the observations made in the judgment rendered by the Supreme Court in Satender Kumar Antil Vs. Versus Counsel for Applicant(s) : Rupendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Dinesh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Central Bureau of Investigation & Another, (2022) 10 SCC 51, wherein the Supreme Court considering the category(A) as mentioned in the paragraph no. 2, bail applications of such accused against which charge-sheet has been submitted on appearance may be decided without the accused being taken in physical custody or by granting interim bail till the bail application is decided. It has been observed that at the cost of repetition, we wish to state that, in category A, one would expect a better exercise of discretion on the part of the court in favour of the accused. 7. The application stands disposed of with the aforesaid liberty March 19, 2026 SY NA528 No. 8499 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad